USERRA is a law that protects members of the military who have served or are serving in the Uniformed Services. It establishes certain rights and benefits for them as employees, and addresses duties for employers concerning the employment, reemployment, and retention of members of the military in civilian jobs.

Although USERRA is most commonly associated with members of the National Guard and Reserve because of it its reemployment and retention protections, the anti-discrimination characteristics of the law also apply to anyone considering joining the military, current active duty members, or veterans.

USERRA is a law that protects members of the military who have served or are serving in the Uniformed Services. It establishes certain rights and benefits for them as employees, and addresses duties for employers concerning the employment, reemployment, and retention of members of the military in civilian jobs.

Although USERRA is most commonly associated with members of the National Guard and Reserve because of it its reemployment and retention protections, the anti-discrimination characteristics of the law also apply to anyone considering joining the military, current active duty members, or veterans.

USERRA defines "service in the Uniformed Services" as all categories of military training and service, including duty performed on a voluntary or involuntary basis, in time of peace or war. Additionally, "service in the Uniformed Services" includes times when employees are away from a job because of physical examinations to determine their fitness to perform duty (to include both initial and recurring examinations), and any time employees are away due to authorized funeral duty honors for members of the military. USERRA covers federally funded National Guard duty. Although USERRA does not apply to National Guard duty under state law, many states have laws protecting the civilian job rights of National Guard service members who serve under state orders. See 20 CFR 1002.6 and 20 CFR 1002.57.

USERRA defines "service in the Uniformed Services" as all categories of military training and service, including duty performed on a voluntary or involuntary basis, in time of peace or war. Additionally, "service in the Uniformed Services" includes times when employees are away from a job because of physical examinations to determine their fitness to perform duty (to include both initial and recurring examinations), and any time employees are away due to authorized funeral duty honors for members of the military. USERRA covers federally funded National Guard duty. Although USERRA does not apply to National Guard duty under state law, many states have laws protecting the civilian job rights of National Guard service members who serve under state orders. See 20 CFR 1002.6 and 20 CFR 1002.57.

USERRA protects service members in four main areas:

• Anti-discrimination – Employers cannot discriminate against members of the Uniformed Services because of their military service. This portion of USERRA includes initial employment, reemployment, retention in employment, or any benefit based on being employed. See 20 CFR Sub-Part A.

• Rights and benefits while away on military duties – USERRA establishes regulations for rights and benefits that service members are entitled to from their pre-service employer while performing military duties. See 20 CFR Sub-Part D.

• Reemployment – After returning from military service, USERRA prescribes rights, benefits, and obligations for both service members and their employers concerning reemployment. Returning service members are entitled to be reemployed in their original position or one of similar seniority, status, and pay. In addition to their original position, service members are entitled to any additional benefits or seniority that they would have received had they not left for military service. See 20 CFR Sub-Part E.

• Discharge – After returning from military service, an employer cannot fire a service member from his or her full-time job without cause for a period of time. This period of time is based on how long the service member was away on military duty:
  • For periods of military service between thirty one days and 180 days, employers cannot fire a service member within 180 days of reemployment.
  • For periods of military service more than 180 days, employers cannot fire a service member within one year of reemployment.  See 20 CFR 1002.247-1002.248.

USERRA protects service members in four main areas:

• Anti-discrimination – Employers cannot discriminate against members of the Uniformed Services because of their military service. This portion of USERRA includes initial employment, reemployment, retention in employment, or any benefit based on being employed. See 20 CFR Sub-Part A.

• Rights and benefits while away on military duties – USERRA establishes regulations for rights and benefits that service members are entitled to from their pre-service employer while performing military duties. See 20 CFR Sub-Part D.

• Reemployment – After returning from military service, USERRA prescribes rights, benefits, and obligations for both service members and their employers concerning reemployment. Returning service members are entitled to be reemployed in their original position or one of similar seniority, status, and pay. In addition to their original position, service members are entitled to any additional benefits or seniority that they would have received had they not left for military service. See 20 CFR Sub-Part E.

• Discharge – After returning from military service, an employer cannot fire a service member from his or her full-time job without cause for a period of time. This period of time is based on how long the service member was away on military duty:
  • For periods of military service between thirty one days and 180 days, employers cannot fire a service member within 180 days of reemployment.
  • For periods of military service more than 180 days, employers cannot fire a service member within one year of reemployment.  See 20 CFR 1002.247-1002.248.

USERRA applies to all public and private employers in the United States, regardless of size.  USERRA also applies to any foreign company with a physical branch or location within the United States, its territories, or possessions. American companies operating directly or through an entity under its control in a foreign country must also comply with USERRA, unless compliance would violate the law of that country. See 20 CFR 1002.34.

USERRA applies to all public and private employers in the United States, regardless of size.  USERRA also applies to any foreign company with a physical branch or location within the United States, its territories, or possessions. American companies operating directly or through an entity under its control in a foreign country must also comply with USERRA, unless compliance would violate the law of that country. See 20 CFR 1002.34.

Service members are not required to ask for permission to leave to perform military duties, but are required to provide advance notice of service to their employers.  Although notice may be written or oral, written notice is preferred to ensure that employers and employees have documentation of the dates of service.  Notice to employers can be provided by the service member or an appropriate officer of their branch of the military. There are two circumstances in which notice is not required: 

• military necessity prevents the giving of notice (e.g., a classified mission which could be jeopardized by advance disclosure)
• giving notice is impossible or unreasonable (e.g., a service member could be required to report for duty on extremely short notice and be unable to get in touch with the employer)

Although USERRA does not specify any required timeframes for notifying employers of upcoming service, both the Department of Defense and the Department of Labor recommend that service members provide their employers at least thirty days notice when possible.  See 20 CFR 1002.85-87.

Service members are not required to ask for permission to leave to perform military duties, but are required to provide advance notice of service to their employers.  Although notice may be written or oral, written notice is preferred to ensure that employers and employees have documentation of the dates of service.  Notice to employers can be provided by the service member or an appropriate officer of their branch of the military. There are two circumstances in which notice is not required: 

• military necessity prevents the giving of notice (e.g., a classified mission which could be jeopardized by advance disclosure)
• giving notice is impossible or unreasonable (e.g., a service member could be required to report for duty on extremely short notice and be unable to get in touch with the employer)

Although USERRA does not specify any required timeframes for notifying employers of upcoming service, both the Department of Defense and the Department of Labor recommend that service members provide their employers at least thirty days notice when possible.  See 20 CFR 1002.85-87.

Yes.  The cumulative length of service away from any one employer cannot exceed five years.  This five year limit only includes time spent actually performing service (periods of absence before or after service does not count toward the time limit). There are some exceptions to this rule for cases that require greater than a five year commitment (e.g., the Navy's nuclear power program or times of national emergency).  See 20 CFR 1002. 99-103.

Yes.  The cumulative length of service away from any one employer cannot exceed five years.  This five year limit only includes time spent actually performing service (periods of absence before or after service does not count toward the time limit). There are some exceptions to this rule for cases that require greater than a five year commitment (e.g., the Navy's nuclear power program or times of national emergency).  See 20 CFR 1002. 99-103.

Once military service has been completed, a service member must contact his or her original employer to provide notice of the intent to return to work. Deadlines for reporting back to work or applying for reemployment vary depending on the amount of time a service member was away on military duties and whether he or she is/was hospitalized due to an illness/injury incurred or aggravated while on service.

• For a period of military service of thirty days or less, service members must report back to work no later than the first full regularly scheduled work period on the first calendar day following completion of service; or in cases where travel is required from the place of service to home, as soon as possible.
• For periods of service of thirty-one days to 180 days, service members must submit an application for reemployment with their pre-service employer no later than fourteen days after completion of their military duties. 
• For periods of military service of 181 days or more, service members must submit an application for reemployment within ninety days of the completion of their military duties. 
• In cases in which service members are/were hospitalized for or are convalescing from an illness or injury incurred or aggravated during service, service members must report to their employer after the amount of time necessary to recover from such injury or illness not to exceed two years.

See 20 CFR 1002.115-116.

Once military service has been completed, a service member must contact his or her original employer to provide notice of the intent to return to work. Deadlines for reporting back to work or applying for reemployment vary depending on the amount of time a service member was away on military duties and whether he or she is/was hospitalized due to an illness/injury incurred or aggravated while on service.

• For a period of military service of thirty days or less, service members must report back to work no later than the first full regularly scheduled work period on the first calendar day following completion of service; or in cases where travel is required from the place of service to home, as soon as possible.
• For periods of service of thirty-one days to 180 days, service members must submit an application for reemployment with their pre-service employer no later than fourteen days after completion of their military duties. 
• For periods of military service of 181 days or more, service members must submit an application for reemployment within ninety days of the completion of their military duties. 
• In cases in which service members are/were hospitalized for or are convalescing from an illness or injury incurred or aggravated during service, service members must report to their employer after the amount of time necessary to recover from such injury or illness not to exceed two years.

See 20 CFR 1002.115-116.

No, but employers have the right to request documentation proving that their employees meet the eligibility requirements if the period of military service exceeded thirty days.  The documentation must show that 

• the application for reemployment is timely.
• the service member has not exceeded the five-year service limitation.
• separation from military service does not disqualify the service member from USERRA.

Employers cannot delay reemployment by requesting this documentation.  Employers must promptly rehire the service member, but can later fire the service member if documentation shows that the service member was not eligible for protections under USERRA. See 20 CFR 1002.117-138.

No, but employers have the right to request documentation proving that their employees meet the eligibility requirements if the period of military service exceeded thirty days.  The documentation must show that 

• the application for reemployment is timely.
• the service member has not exceeded the five-year service limitation.
• separation from military service does not disqualify the service member from USERRA.

Employers cannot delay reemployment by requesting this documentation.  Employers must promptly rehire the service member, but can later fire the service member if documentation shows that the service member was not eligible for protections under USERRA. See 20 CFR 1002.117-138.

Employer Support of the Guard and Reserve (ESGR) is a Department of Defense (DoD) organization established in 1972 to promote cooperation and understanding between National Guard and Reserve service members and their civilian employers and to assist in the resolution of conflicts arising from an employee’s military commitment. It is the lead DoD organization for this mission under DoD Directive 1250.1. Through the ESGR website, visitors can submit an inquiry and Service members can submit an USERRA Assistance Request for Ombudsman assistance. An ESGR Ombudsman will provide alternative dispute resolution mediation services between the employer and employee.

The Department of Labor Veterans' Employment and Training Service (VETS) assist persons with respect to employment and reemployment rights and benefits under USERRA. VETS provides a wide range of services, to include outreach activities, USERRA briefings, the USERRA advisor, the e-VETS Resource Advisor, and other web-based materials. For more information on USERRA issues, the VETS website also provides contact information.

Employer Support of the Guard and Reserve (ESGR) is a Department of Defense (DoD) organization established in 1972 to promote cooperation and understanding between National Guard and Reserve service members and their civilian employers and to assist in the resolution of conflicts arising from an employee’s military commitment. It is the lead DoD organization for this mission under DoD Directive 1250.1. Through the ESGR website, visitors can submit an inquiry and Service members can submit an USERRA Assistance Request for Ombudsman assistance. An ESGR Ombudsman will provide alternative dispute resolution mediation services between the employer and employee.

The Department of Labor Veterans' Employment and Training Service (VETS) assist persons with respect to employment and reemployment rights and benefits under USERRA. VETS provides a wide range of services, to include outreach activities, USERRA briefings, the USERRA advisor, the e-VETS Resource Advisor, and other web-based materials. For more information on USERRA issues, the VETS website also provides contact information.